Unified Development Ordinance - Currituck County Government

Chapter 2: AdministrationSECTION 2.4: SPECIFIC REVIEW PROCEDURESSubsection 2.4.17: AppealPre-ApplicationConference(optional)SubmitNotice of AppealAssembleRecord of AppealStaff Review andReportScheduleHearingPublicNotificationBoard ofAdjustmentHearing /DecisionNotice ofDecisionAppeal(3) Application Submittal and AcceptanceApplicable (see Section 2.3.4). The written Notice of Appeal shall include astatement of the error or improper decision or interpretation, the date of thatdecision, the grounds for the appeal, and all related support materials.(4) Staff Review and ActionApplicable (see Section 2.3.5). On accepting a Notice of Appeal application,the Planning Director shall transmit the appeal and the record of materialconsidered by the decision-maker in making the decision or interpretation(including but not limited to, for example, the application and supportmaterials, staff report, other plans, documents, reports, and studies consideredin making the decision, and any minutes, transcripts, or record of the meetingsheld to consider and make the decision). These materials, plus the Land UsePlan and this Ordinance, shall constitute the record of the appeal.(5) Public Hearing Scheduling and Public NotificationApplicable (see Section 2.3.6). The Planning Director shall provide notice ofthe public hearing to the applicant for the decision being appealed, if differentfrom the appellant.(6) Public Hearing ProceduresApplicable (see Section 2.3.8). The public hearing shall be on the record of theappeal, with presentations limited to arguments on the record of the appeal asit relates to the grounds for appeal specified in the appeal application.(7) Advisory Body Review and RecommendationNot applicable.(8) Decision-Making Body Review and Decision(a)(b)CURRITUCK COUNTY, NC UNIFIED DEVELOPMENT ORDINANCEApplicable (see Section 2.3.10). The Board of Adjustment, following aquasi-judicial public hearing (see Section 2.3.8.C) shall decide theapplication for the appeal. The decision shall be based solely on therecord of the appeal, as supplemented by arguments presented at thepublic hearing, and the standards in Section 2.4.17.D, Appeal ReviewStandards. The decision shall be one of the following:(i)(ii)(iii)D. Appeal Review StandardsAffirmation of the decision or interpretation (in whole or inpart);Modification of the decision or interpretation (in whole or inpart); orReversal of the decision or interpretation (in whole or inpart).A vote to reverse or modify a decision or interpretation shall requirea four/fifths majority of Board of Adjustment members present andvoting.(1) The Board of Adjustment is limited to the following determinations inconsidering the appeal, which shall be based on clear and substantial evidencein the record:2.70